LAWS(HPH)-2013-12-56

MUKESH DHANAIK Vs. STATE OF HIMACHAL PRADESH

Decided On December 16, 2013
Mukesh Dhanaik Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) INSPECTOR Kanshi Ram, S.H.O., Police Station, Chopal District Shimla, H.P. is present alongwith record. Record perused and returned. Fresh status report filed and taken on record. In this application filed under Section 439 of the Criminal Procedure Code, 1973, petitioner Mukesh Dhanaik, who stands arrested on 9.9.2013 and since then is in judicial custody, is seeking regular bail in relation to F.I.R. No. 44/13, dated 6.9.2013, registered at Police Station, Chopal, District Shimla, H.P., under the provisions of Sections 326A, 326B and 354D of the Indian Penal Code.

(2.) AS per the case of prosecution, petitioner allegedly threw acid on the complainant and thereby committed serious and heinous offence. According to the petitioner, he stands falsely implicated. According to him, the school had organized a function for celebrating the Teacher's Day and at the time of alleged incident, he was in fact performing an event.

(3.) HAVING heard learned counsel for the parties as also perused the record, I am of the considered view that petitioner has made out a case for grant of regular bail.